LAUDERHILL PATH CLEAR ON FIRING OF TITONE

It appears the legal hurdles have been cleared for City Council members to fire 10-year City Attorney Anthony Titone.

Broward Circuit Court Judge Mark Polen has refused to interfere with a council vote that could dismiss Titone at a scheduled April 29 meeting.

At that meeting, council members are expected to override a mayoral veto that has preserved Titone's job for the past week.

Monday, council members voted 4-0 to fire Titone.

Mayor David Kaminsky vetoed the resolution and unsuccessfully attempted to have it nullified in court Friday morning.

Four council members have indicated their desires to give the boot to Titone as city attorney. It takes four votes to override a veto.

Titone's fate with Lauderhill has been tied up in court since initial council attempts in January to fire him.

In January the council voted 4-1 to fire Titone. Kaminsky vetoed the council action. The council then filed suit challenging Kaminsky's right to veto. Kaminsky counter-sued, claiming the right to veto.

The resulting court action suspended Titone from office and replaced him with partner Richard Roarke, pending a resolution to the suits.

While in court Friday, council members bowed out of their lawsuit, leaving Kaminsky with his counter suit regarding his right to veto.

"It's my perception that Mr. Roarke would remain as acting attorney (pending the outcome of the counter suit) and Mr. Titone is out of the picture (if the council overrides the mayoral veto)," Judge Polen said.

Kaminsky's attorney, Thomas Tighe, said the mayor still has options to protect Titone's job, one being that council members may have violated the Sunshine Law and privately conspired to depose the attorney.

The State Attorney's Office investigated the complaint, and found no Sunshine Law violations. Despite the State Attorney's findings, they don't prevent the mayor from using the allegations in court.

The Sunshine Law prohibits council members from meeting privately to discuss city business.

"My perception is that nothing has changed and everything is the same," Tighe said as he left Polen's chambers.

The judge said he was dissatisfied with the council initiating the lawsuit and then dropping it. He said the council actions use the court as a "sword and a shield."